JANUARY 21, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Beware of Link2Dealer.com Solicitations Disguised as Invoices

FORM 8300 Cash Reporting - Consumer Notice Reminder by Jan. 31   

 

UPCOMING SEMINARS

Upcoming Seminars

Employment Law Seminar: FMLA and ADA Acts- New Federal Regulations!!


CALENDAR OF EVENTS
Upcoming Events

NADA Convention and Exposition

CADA "Jazzy" Breakfast at the NADA Convention and Exposition

Denver International Auto Show

CADA Annual Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

NADA 2009 Convention and Exposition

Share Your Accomplishments


ARCHIVES

CLICK HERE for Open Road
e-newsletter archives.

CLICK HERE for an Index of Regulatory
& Legal Articles
from the Open
Road e-newsletter.

CLICK HERE for Bulletin archives.

CLICK HERE for Colorado Auto
Outlook
archives.

CLICK HERE for Denver Auto
Outlook
archives.


ONLINE REGISTRATION

CLICK HERE to register online
for various CADA seminars & events.


MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources
.

CLICK HERE for a list of current
Endorsed Vendors/Programs
.

CLICK HERE for a list of current
Allied Members
.

CLICK HERE for an order form for
CADA forms
.

CLICK HERE for information on all member services.



www.nada.org

CLICK HERE for NADA
Regulatory Affairs information
.


STATE GOVERNMENT RESOURCES

CLICK HERE for the Auto Industry
Division
of the Colorado Dept.
of Revenue.

CLICK HERE for the Title and
Registration section
of the
Colorado Dept. of Revenue,
Motor Vehicles Division.

CLICK HERE for the Colorado
Department of Labor &
Employment
website.




Visit us at www.coloradodealers.org.


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Friday, 7 a.m. to 4 p.m.


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Endorsed Vendors/Programs
.

 


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CLICK HERE for more information!!


AUTOMOTIVE NEWS AT A GLANCE

Listed here are several articles pertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.

  • VIDEO: New Congressman Sleeps in His Office
    AOL News, January 15

    First-term Congressman Jason Chaffetz of Utah has decided not to spend money on a Washington home. As the AP's Jerry Bodlander reports, instead, he sleeps on a small cot in his office.
  • Freed-up credit might blossom into more auto sales
    Detroit Free Press, January 18
    Credit, while still an issue, appears to loosening up from the extremely tight standards that hit in late '08.
  • Stimulus Package Unveiled
    The Wall Street Journal, January 16
    House Democrats Thursday rolled out the details of an $825 billion economic stimulus package to combat what they called "a crisis not seen since the Great Depression," but its immediate economic impact is unclear and the plan faces hurdles before becoming law.
  • House Democrats include $3.5 billion for autos in stimulus bill
    The Detroit News, January 15
    House Democrats unveiled an $825 billion stimulus bill that includes $3.5 billion in grants and loans to boost advanced battery research and to encourage the purchase of more fuel-efficient vehicles.
  • Ritter proposes hike in auto registration fees
    Colorado Springs Gazette, January 14
    Citing "very serious concerns" about the safety of Colorado's roads and bridges, Gov. Bill Ritter on Wednesday announced a plan that would increase auto registration fees by an average of $52 per vehicle.
  • Car owners could have to pay $41 more a year
    Denver Examiner, January 14
    A new plan to raise money to fix the state's worst bridges and roads would cost vehicle owners at least $41 a year in new fees.
  • Buescher sworn-in as Secretary of State
    Denver Post, January 14
    Before a room packed with political allies and occasional foes, former state Rep. Bernie Buescher was sworn in as Colorado's new secretary of state this afternoon.
  • Hiring "freeze" line is all wet
    Denver Post, January 15
    Gov. Bill Ritter's so-called hiring freeze wasn't much of a freeze at all, and it certainly isn't helping Colorado deal with the growing recession.
  • Obama finds political soul mate in Ritter
    G J Sentinel, January 14
    Much as Obama might like to be measured against Lincoln — and this is not to say he won’t be — it’s more helpful in the short run to look at a different political forerunner of his. That would be, of course, Colorado Gov. Bill Ritter.
  • Gov. Ritter's sales job
    Colorado Springs Independent, January 15
    Let's put the events of this past Saturday into proper perspective, going in reverse order of significance...
  • An Auto Show for Congress
    The Wall Street Journal, January 6
    As the new Congress and the Obama administration prepare to put their stamp on the Detroit bailout, they'll need a proper name with a catchy acronym for whatever new law they pass.
  • EPA may get tougher with Detroit 3
    Detroit Free Press, January 7

    Automakers could quickly face tough new rules limiting global warming pollution from new models in more than a dozen states after President-elect Barack Obama's pick to run the U.S. Environmental Protection Agency said Wednesday she would tackle the debate soon.
  • GM lowers U.S. industry sales outlook
    The Detroit News, January 15
    General Motors Corp. today announced it is making plans to restructure its business based on lower U.S. industry sales this year of 10.5 million, a sign of how tough things are going to be for the automaker.
  • Chrysler extends shutdown for three plants
    The Detroit News, January 15
    Chrysler LLC is extending the shutdown of three of its plants for an additional week, citing continued slow sales due to the financial crisis and downturn in the auto industry.
  • Oil falls to $34 ahead of Feb contract expiry
    Detroit Free Press, January 20
    Oil prices fell to near $34 a barrel Tuesday in Asia as traders sold the expiring front-month Nymex contract due to a lack of space at a key U.S. storage facility.
  • Analyst: GM may need to file Chapter 11
    Detroit Free Press, January 14
    Bankruptcy might be the only option to complete the massive restructuring of General Motors Corp.'s debt as part of the federal loans approved last month to save the struggling company, a key industry analyst suggested Tuesday.
  • Tesla to help Daimler on electric Smart car
    Detroit Free Press, January 14
    Tesla Motors founder Elon Musk says his electric vehicle company will supply Daimler AG with the battery technology for 1,000 electric versions of the Smart microcar that are slated to hit U.S. roads by 2010.
  • Granholm signs and promotes battery legislation at auto show
    Detroit Free Press, January 14
    Michigan Gov. Jennifer Granholm toured the Detroit auto show this morning before signing into law legislation that provides up to $335 million tax credits over five years to companies developing and manufacturing advanced batteries in Michigan.
  • Granholm signs bill offering credits to attract battery makers
    The Detroit News, January 14
    Gov. Jennifer Granholm signed legislation Wednesday offering tax credits for advanced battery makers to attract one of the fastest-growing sectors in the auto industry to the hard-hit state of Michigan.
  • Reports of sale talks are false, Chrysler president LaSorda says
    Detroit Free Press, January 14
    Chrysler LLC is not in talks with its largest supplier, Magna International Inc., to sell the automaker's assets, nor is the Auburn Hills company in discussions to sell any of its brands, Chrysler President Tom LaSorda said today.
  • Detroit 3 say they'll need help to go electric
    Detroit Free Press, January 18
    When Tennessee Sen. Bob Corker strolled into the Ford Motor Co. display last week at the Detroit auto show, Mark Fields had his pitch for electric vehicles ready.
  • GM critic Sen. Corker praises automaker during 2007 Saturn plant visit
    The Detroit News, January 13
    One of Detroit's critics during the auto bailout debate, Sen. Bob Corker, R-Tenn., is coming to visit the North American International Auto Show in Detroit this afternoon.
  • Will these 'green' cars deliver in the real world?
    The Detroit News, January 13
    The need to be green - shifting consumer preferences and government rules come to mind - is pressuring manufacturers to at least appear to be tackling the issue of oil dependency and fuel consumption.
  • Leasing route has grown deserted
    Chicago Tribune, January 18
    The auto sales slump hasn't done much for leasing, either.
  • What price history at GM?
    Chicago Tribune, January 18
    General Motors' cash problems are giving car buffs the rare opportunity to buy some of GM's most unique vehicles at auction.
  • The economic storm keeps coming
    Los Angeles Times, January 14
    Wilmington, Ohio, is a company town that is about to lose its company -- and thousands of jobs. Residents hope Obama can help them shovel their way out.

    * * * * * * * *



BEWARE OF LINK2DEALER.COM SOLICITATIONS DISGUISED AS INVOICES

Various businesses continue to circulate advertisements/solicitations that are disguised to look like invoices.  Dealerships are reminded to monitor any payables and invoices carefully for this and similar misleading ads.  CLICK HERE to see recent “advertisements” from a company called Link2Dealer, attempting to solicit one Colorado dealership.

Thank you to Mike Blair, GM at Phil Long Ford of Denver and Phil Long Suzuki of Denver for bringing this to our attention, as well as to other Colorado government agencies. 

See also, the March 5, 2008 issue of Open Road, for a similar scam alert.

The December, 2008 issue of The Defender, the bulletin of the National Association of Dealer Counsels (NADC) also contains a related article on this topic: President’s Message: Practical Tips to Help Clients Develop Sound Payables Policies (see page 2), by Michael Charapp, President of the NADC, Charapp & Weiss, LLP.  We continue to encourage all dealer defense attorneys to join this organization; the information provided in bulletins and publications, the list-serve, and conferences is invaluable. www.dealercounsel.com

* * * * * * * *

FORM 8300 CASH REPORTING - CONSUMER NOTICE REMINDER BY JAN. 31

Generally, any person in a trade or business who receives more than $10,000 in cash in a single transaction or related transactions must complete a Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business.

Additionally, businesses must notify customers that it has filed a Form 8300 regarding their cash transaction(s) -- in writing, by Jan.31  of the subsequent calendar year.

CLICK HERE for more details from our January 16, 2008 Open Road!

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

DISCLAIMER: CADA is not authorized to dispense legal advice.
The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance.


a

EMPLOYMENT LAW SEMINAR: FMLA AND ADA ACTS - NEW FEDERAL REGULATIONS!!

Tuesday, March 10, 2009

Presented by Todd Fredrickson, top Denver employment attorney

In January of 2009, the federal government saddled employers with new laws, regulations and obligations under the Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA).  Workplace law experts expect these new laws will generate an increase in lawsuits against employers—especially in the current economic downturn as downsizing is occurring.   

  • The U.S. Dept. of Labor announced new FMLA regulations in November, 2008, the first significant changes to the regulations since 1995.  Changes effective January 16, 2009 – key changes include:
    • Implements two new forms of military family leave created earlier this year
    • Expands employer's notice requirements to include a general notice about the FMLA; an eligibility notice; a rights and responsibilities notice; and a designation notice.
    • Defines serious health condition
    • Changes to medical certification process, fitness for duty evaluations, substitution of paid leave
  • The ADA Amendments Act require almost all human resource professionals, managers, and business owners to adopt new policies and procedures in dealing with accommodation requests, as well as greatly impact employment litigation claims.
    • Overview of what has changed and how to comply; what is “disabled”?
    • What this means to employers and who will be affected
    • The risks and penalties of non-compliance; effective date, Jan. 1, 2009.

Todd Fredrickson,  Attorney, Fisher & Phillips, LLP, http://www.laborlawyers.com/
Todd Fredrickson is the managing partner of the Fisher & Phillips' Denver office. Specifically, he has defended employers against claims of discrimination, harassment, and retaliation. Todd has represented clients in both federal and state courts, the United States Department of Labor, the National Labor Relations Board, the  Equal Employment Opportunity Commission, the Colorado Civil Rights Division, and the Colorado Department of Labor.  Todd regularly counsels clients on a spectrum of personnel management issues, with the goal of avoiding litigation altogether. To that end, he advises employers on developing and enforcing proper application and interview policies, employee handbooks, and employment and compensation agreements. Todd counsels employers on compliance with federal and state wage and hour laws. Much of his practice focuses on training.

A CLICK HERE for more information
on this
training session.

* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
Event Description
Date/Time
Location

Employment Law Seminar:
FMLA and ADA – NEW FEDERAL REGULATIONS!!

CO Springs

By Todd Fredrickson, top Denver employment attorney

Tuesday, March 10, 2009,

Noon to 2:30pm

 

Antlers Hilton Hotel,
4 South Cascade Ave.,
Colorado Springs,  80903, 719.955.5600

Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 or abwinslow@comcast.net

For more information Click Here


Event Description
Date/Time
Location

NADA Convention & Exposition

Jan. 24-27, 2009

New Orleans Morial Convention Center
New Orleans, LA

CLICK HERE for more information from the official website.

CADA "Jazzy" Breakfast at the NADA Convention

New Orleans

Keynote Speaker Nancy Spence

Sunday, Jan. 25

7:15 to 9:00 a.m.

 

Riverbend Ballroom II
Marriott New Orleans at the Convention Center
859 Convention Center Boulevard

CLICK HERE for more information!

Annual CADA Legislative Reception

Thursday, February 12, 2009

5:00 to 7:30 pm

William D. Barrow Building
(CADA/MDADA Headquarters)
290 East Speer Blvd, Denver

More information coming soon!

Denver International Auto Show

Wednesday, April 1, 2009

thru  

Sunday, April 5, 2009

Colorado Convention Center

700 14th Street Denver 80202

 

CADA Annual Member Golf Event

Monday, August 24, 2009

12:00 Noon Shotgun Start

Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000

www.glenmoorcc.org


* * * * * * * *

NADA 2009 CONVENTION AND EXPOSITION

aNew Orleans is now the eighth fastest growing metropolitan area in the United States, according to the U.S. Census Bureau. To show support for the rebirth of New Orleans, NADA is headed back to the Big Easy to hold its 92nd annual convention and exposition there Jan. 24-27, 2009.

“The theme for our New Orleans convention is 'Voice of the Dealer® ... Committed to Community.' What better way to show that commitment than for us to be there in full strength at one of NADA's favorite convention cities," said Annette Sykora, 2008 NADA Chairman. NADA has held its convention in New Orleans every few years for the past 30 years.

For more information, visit the following websites:
http://www.nada.org/TrainingEvents/Convention/
http://expo.nada.org/nada2009/public/enter.aspx

CLICK HERE to register!

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LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.


If you want to be added to our mailing list, please CLICK HERE.

To remove yourself from this list, click on this link.

Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org